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Vyaire - Third Monthly Fee Application (September 2024)

Date
2024-11-21

Summary

A notice filed October 31, 2024 as Doc 696-1 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. It gives notice of the Third Monthly Fee Application of McDermott Will & Emery LLP, counsel to the Official Committee of Unsecured Creditors, for compensation and reimbursement of expenses for September 1, 2024 through September 30, 2024. Objections must follow the Interim Compensation Order at Docket No. 218 and be received by November 21, 2024 at 4:00 p.m. (Eastern Time). A hearing before Judge Brendan Linehan Shannon will be held only if an objection is filed, and otherwise the relief may be granted without further notice. The notice is signed by David R. Hurst of McDermott Will & Emery LLP.

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Full text

               Case 24-11217-BLS              Doc 696-1        Filed 10/31/24        Page 1 of 2




                       IN THE UNITED STATES BANKRUPTCY COURT
                            FOR THE DISTRICT OF DELAWARE

                                                      )   Chapter 11
In re:                                                )
                                                      )   Case No. 24-11217 (BLS)
VYAIRE MEDICAL, INC., et al.,1                        )
                                                      )   (Jointly Administered)
                                   Debtors.           )
                                                      )   Obj. Deadline: 11/21/24 at 4:00 p.m. (ET)
                                                      )   Hrg. Date: Only if an objection is filed

              NOTICE OF THIRD MONTHLY FEE APPLICATION OF
          MCDERMOTT WILL & EMERY LLP, COUNSEL TO THE OFFICIAL
         COMMITTEE OF UNSECURED CREDITORS, FOR ALLOWANCE OF
          COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE
         PERIOD FROM SEPTEMBER 1, 2024 THROUGH SEPTEMBER 30, 2024

        PLEASE TAKE NOTICE that, on October 31, 2024, the Third Monthly Fee
Application of McDermott Will & Emery LLP, Counsel to the Official Committee of Unsecured
Creditors, for Allowance of Compensation and Reimbursement of Expenses for the Period from
September 1, 2024 Through September 30, 2024 (the “Application”) was filed with the United
States Bankruptcy Court for the District of Delaware, 824 Market Street, 3rd Floor, Wilmington,
Delaware 19801 (the “Court”).

       PLEASE TAKE FURTHER NOTICE that, objections, if any, to the Application must
be made in accordance with the Order (I) Establishing Procedures for Interim Compensation
and Reimbursement of Expenses for Retained Professionals and (II) Granting Related Relief
[Docket No. 218] (the “Interim Compensation Order”), and must be filed with the Clerk of the
Bankruptcy Court and served upon the undersigned counsel and the Application Recipients (as
defined in the Interim Compensation Order) so as to be received no later than November 21,
2024 at 4:00 p.m. (Eastern Time).

        PLEASE TAKE FURTHER NOTICE that, if an objection is properly filed and served
in accordance with the above procedures, a hearing (the “Hearing”) on the Application will be
held at a time and date to be determined before the Honorable Brendan Linehan Shannon, United
States Bankruptcy Judge, United States Bankruptcy Court for the District of Delaware, 824
Market Street, 6th Floor, Courtroom No. 1, Wilmington, Delaware 19801. Only objections made
in writing and timely filed and received will be considered by the Court at such Hearing.




1
    The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list
    of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may
    be obtained on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire.
    The location of Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in
    these chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
           Case 24-11217-BLS   Doc 696-1   Filed 10/31/24   Page 2 of 2




     PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTIONS TO THE
APPLICATION ARE TIMELY FILED AND RECEIVED IN ACCORDANCE WITH
THE INTERIM COMPENSATION ORDER, THE RELIEF REQUESTED IN THE
APPLICATION MAY BE GRANTED WITHOUT FURTHER NOTICE OR HEARING.

Dated: Wilmington, Delaware           MCDERMOTT WILL & EMERY LLP
       October 31, 2024
                                      /s/ David R. Hurst
                                      David R. Hurst (I.D. No. 3743)
                                      Maris J. Kandestin (I.D. No. 5294)
                                      The Brandywine Building
                                      1000 N. West Street, Suite 1400
                                      Wilmington, Delaware 19801
                                      (302) 485-3900
                                      dhurst@mwe.com
                                      mkandestin@mwe.com

                                      - and -

                                      Darren Azman
                                      Kristin K. Going
                                      One Vanderbilt Avenue
                                      New York, New York 10017
                                      (212) 547-5400
                                      dazman@mwe.com
                                      kgoing@mwe.com

                                      Counsel for the Official Committee
                                      of Unsecured Creditors




                                      2


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